ATTENTION:
If
you see this Terms and Conditions by installing or updating xTasyTrader please
note the following:
You are agreeing
to be legally bound by the Terms. We may change the Terms from time to time
without notice, so be sure to check this page regularly. Whenever you are installing
the xT-Package by the first time or a new release with a higher version number
of the xT-Package, you will be prompted to accept the terms and conditions, which
might contain changes. Pressing the accept button in the xT-Package confirms
that you have read and accepted the current content, including possible changes
since your last confirmation. Closing the Terms and Conditions without pressing
the Accept-Button will close the xTasy-Trader platform automatically
PREAMBLE:
Terms and Conditions of
xTasyTrader, Inc. (referred to as “xTasy”, “we”,
“us”, or “our” herein) Web site (the “Site”).
xTasyTrader
components (xTasyTrader platform or Add-Ons), or the Software of third parties
are referred as “xT-Package”
As
used in these terms, “subjects” includes, but is not limited to,
software, images, text, audio and all other information, displayed, contained
within, or accessible on the site.
By
accessing this Site, you agree to be bound by the terms and conditions below
(the “Terms”). If you do not agree to all of the Terms, please do not
use the Site. xTasyTrader may from time to time modify or revise the Terms by
updating this web page. Your use of our Site following any such change
constitutes your agreement to follow and be bound by the Terms as changed. If
any change is unacceptable to you, your only recourse is to terminate your use
of the Site.
1. GENERAL:
The
following provisions regulate – in combination with the conditions contained in
the order form – the contractual relationship between xTasyTrader and the user
of the xT-Package, hereinafter referred to as the customer.
xTasy
generally only enters into a contract on their own terms and conditions;
deviating conditions of the contractual partner are only valid if xTasy
expressly consents to these in written form.
These
terms and conditions are available for inspection in their respective valid
version and can be viewed on the internet under
https://xtasytrader.com/terms-and-conditions/. With the conclusion of the contract
according, the following terms and conditions are deemed as agreed between
xTasy and the respective customer.
You
are agreeing to be legally bound by the Terms. We may change the Terms from
time to time without notice, so be sure to check this page regularly. Whenever
you are installing the xT-Package by the first time or a new release with an
higher version number of the xT-Package, you will be prompted to accept the
terms and conditions, which might contain changes. Pressing the accept button
in the xT-Package confirms that you have read and accepted the current content,
including possible changes since your last confirmation.
2. CONTRACT CONCLUSIONS
Only
a natural person or legal entity as well as a company entered in the company
register and without legal personality can be a customer of xTasy . xTasy is
entitled to demand and collect all necessary information about the identity and
creditworthiness as well as the legal and contractual capability of the
customer as well as the proof of the existence of power of signature or of
representation.
Furthermore,
upon the request of xTasy, the customer must declare an inland mailing address
as well as an inland paying agent.
The
offers of xTasy are subject to change and non-binding. The order of the
customer is binding for him with receipt by xTasy. If the xTasy accepts the offer,
it sends an order confirmation. With receipt of the order confirmation by the
client, the contract is concluded and the client is thus to be designated as
contracting party.
Definition contractual partner in terms of support and
liability issues:
Is
the person who has purchased a license on the xT-Package via the xTasy/xYards
e-shop or via a manually issued invoice.
3. OWNERSHIP RIGHTS
This web
site is owned and operated by xTasyTrader. (All subjects herein are protected
under United States and international copyright laws and are the property of
xTasyTrader or its third party licensors. All rights reserved. No subjects may
be copied, reproduced, modified, displayed, republished, uploaded, posted, transmitted,
sold or distributed in any way, except that you may download one copy of the
subjects on any single computer for your personal, non-commercial use only,
provided that you maintain in such copy all copyright and other proprietary
rights notices contained in the original subjects. No right, title or interest
in any downloaded subjects is transferred to you as a result of any such
downloading or copying. You agree not to assist others in any unauthorized reproduction,
modification, display or distribution of the Subjects. Unless expressly agreed
to by xTasyTrader in writing, you may not create derivative works based on the
site or subjects contained therein, in whole or in part. The use of any
subjects on any other Website or networked computer environment is prohibited.
4. IMAGES:
All logos,
welcome screens, page headers, images and graphics displayed on this site are
service marks, trademarks and/or trade dress (collectively “Marks”)
of xTasyTrader or its third party licensors. Except as expressly permitted
herein, the use, copying, transmission, display, modification or distribution
of any Trademarks in any form or by any means without the express written
permission of xTasyTrader is prohibited and may violate copyright, trademark,
privacy or other laws of the United States and/or other countries.
5.
DOWNLOADABLE SOFTWARE:
The use of
any xTasy components (xTasyTrader platform or Add-Ons), or the Software of
third parties, downloaded from the Site shall be subject to the terms and
conditions of the license provided with the xTasyTrader platform. “The
xT-Package” includes any files, images incorporated in or generated by the
xT-Package, and data accompanying the xT-Package. You may not download any the
xT-Package from this site until you have read, and agreed to the terms and
conditions of the license provided with the xT-Package. Without limiting the
generality of the terms contained in any such license, you agree that you will
not: (a) modify the xT-Package (b) decompile, reverse engineer, or disassemble
the xT-Package, (c) remove any copyright or other proprietary rights notices
from the xT-Package; or (d) use the xT-Package for any commercial purpose, or
any public display, performance, sale or rental, except as expressly permitted
by xTasy in writing. xTasy retains all right, title and interest in and to the
xT-Package, including all intellectual property rights therein. You download
the xT-Package at your own risk and assume complete and exclusive
responsibility for any and all losses, damages and liabilities that may result
from the use of the XT-Package downloaded from the Site.
6. USER COMMENTS:
We welcome
your comments, remarks, feedback, suggestions, ideas and other input that you
send or share with us (collectively, “Comments”). You grant xTasy and
its partners a perpetual, irrevocable, worldwide, royalty-free right and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, publicly perform and publicly display (in whole or in part)
your comments, your name and all associated copyrights, moral rights or other
intellectual property rights.
7. USER
FORUMS:
xTasy can
provide access to certain discussion groups via this website as a service for
you. Discussion groups may by their nature contain offensive, harmful, deceptive,
misleading, inaccurate or otherwise inappropriate material, and you acknowledge
and agree that xTasy accepts no responsibility for the content of discussion
groups or the topics or articles contained therein that can be accessed on or
via this site. You understand that xTasy acts as a passive channel for all
information, data, text, software, music, sounds, photographs, graphics, videos,
messages or other topics that you or another user of the Site uploads, posts to
or through the Site (the “User Content”), and does not control or
attempt to control them. xTasy can, but is not obliged to, monitor or check the
User Content and reserves the right to delete the User Content at any time. You
acknowledge and agree that you are solely responsible for all User Content that
you upload, post or transmit to or through the Site, including but not limited
to its legality, reliability, accuracy, integrity, appropriateness and
originality.
In
no case, xTasy assumes any liability in connection with the user content,
whether it arises under the laws of copyright, defamation, privacy, obscenity
or otherwise. You represent and warrant xTasy and guarantee that you will not
upload, post or otherwise transmit any User Content on or via the Site which
infringes, abuses or otherwise violates copyrights, trademark rights or other
intellectual property rights, personal rights, publicity rights or other rights
of legal or natural persons; or that is unlawful, threatening, libellous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or
that could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law or the
xTasy rules or policies. You grant xTasy and its partners a perpetual, irrevocable,
worldwide, royalty-free, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works, distribute,
publicly perform and publicly display the User Content (in whole or in part)
uploaded, posted or transmitted by you on the Site and/or to integrate it into
other works in any form, medium or technology known today or developed in the
future.
You
also grant each user of this Site the right to access, display, view and
reproduce such User Content for personal use. You declare and guarantee to xTasy
that you have the right to grant the above mentioned licenses. You acknowledge
and agree that you may not upload, post, reproduce or distribute on or via this
site any User Content that is protected by copyright or other proprietary
rights of third parties without obtaining permission from the owner of such
right. Any content protected by copyright or other proprietary rights that is
distributed with the owner’s permission must include the appropriate copyright
or other proprietary rights notice. Unauthorized submission or distribution of
copyrighted or other proprietary content is illegal and may subject you to
personal liability or criminal prosecution.
8. LINKS TO
OTHER SITES:
This Site
may contain links to other websites (“Linked Sites”) for your
convenience. xTasy does not operate or control any information, products or
services on the linked sites and does not endorse or approve any products, services
or information offered on linked sites. You acknowledge and agree that your
access to or use of one of the linked sites is at your own risk.
9. PRIVACY POLICY:
It is our
policy to respect the privacy of people who visit the website or send us
comments. Our privacy policy, which you can view on the page , is incorporated
here by reference. By accepting these terms, you expressly consent to the use
and disclosure of your personal information as described in the Privacy Policy.
10.
INDEMNITY:
You agree
to defend, indemnify and hold harmless xTasy, its affiliated companies and
their officers, directors, agents and employees from and against all claims,
losses, damages, liabilities, costs and expenses, including legal fees, arising
out of or in connection with your (a) User Content, (b) use of the website or
(c) breach of any of these terms.
11.
DELIVERY OF THE XT-PACKAGE
xTasy
provides the xTasyTrader platform and the corresponding documentation for
download on https://xtasytrader.com. A functionally limited basic version of
xTasyTrader is available free of charge for every user. Extensions can be
managed in the Software as a Service procedure via monthly fee-based
subscriptions via the xTasy/xYards e-shop.
After
receipt of payment, the customer will receive appropriate access codes,
possibly passwords and activation keys to activate the AgenaTrader software
according to the ordered functionality. Activated xT-package and subscriptions
accepted by the e-shop are usually available in the xT-package after restarting
xTasyTrader. In case of uncertainties please contact the xTasy support. xTasy
can decide on the scope of the free function set of the xT-Package at any time
and does not have to inform the user about changes in the free function set.
12. NON
DISCLOSURE OF ACCESS CREDENTIALS
The
customer is responsible for protecting the user IDs, passwords and activation
keys provided to him. In particular, the Customer is not entitled to grant
third parties access to xT-Package by passing on personal user ID, password or
license key. Customer agrees to keep its data secure and to take the necessary
precautions to prevent it from falling into the hands of third parties. In the
event of loss of user ID and/or password or suspected knowledge of third
parties, xTasy must be notified immediately. This can be done by email, fax or
letter at the client’s choice.
The
client is liable without limitation for damages resulting from the passing on
or publication of user ID/password to third parties.
13. QUALITY
AGREEMENT
The
xT-Package is software that provides a general, open framework for using
different approaches to securities analysis. With the software it is possible
to combine and evaluate various analysis techniques in a standardized form. The
xT-package can also be used to determine trend signals in tradable assets and
related buy and sell signals. The xTasy does not guarantee the correctness of
the signals. Likewise, the xTasy assumes no liability for the accuracy of the
strategy, signal, stop and target components, which are offered via
https://xtasyTrader.com which are provided by the xTasy or its 3rd party tool
provider via the web store.
Insofar
as the customer uses the securities analysis created with the help of the
software or the aforementioned components in the decision or advice on the
purchase or sale of a tradable asset, he does so at his own responsibility. The
results of the xT-Package in no way replace the customer’s own responsible
decision on the purchase or sale of tradable assets.
In
some of xT-Package built-in features and tools such as Web-Site Links to
fundamental data (e.g. Google, Yahoo, etc), Fundamental-Screener,
Futures Calendar, Economic Calendar, COT Report, etc. (incomplete
excerpt from feature list) xTasy uses external data sources from
the freely available Internet.
In case of
external data sources, it is possible that the data format or interface
changes or the interface or the whole service is completely shut down by
the respective operator, which is not in the control of xTasy.
These
features/tools offer an added value, but the user has no right to claim
that in case of a massive change or a complete shutdown of the data
source, the respective service in xT-Package will be maintained.
In case of
a change of the interface xTasy tries to adapt the software – if
possible – as fast as possible to the changed conditions and to provide the
users with a new release. However, if the data reference sources
are no longer accessible from the trading platform, it may result
in the affected feature/tool having limited availability or being
removed from the platform altogether.
TraderPackages/AddOns from 3rd party providers:
If the
xT-Package component comes from the IT forge of xTasy, the conditions
mentioned in xx) apply. However, if the intellectual property of the components
does not lie with the IT department of xTasy, the respective publisher
of the software bears full responsibility for the functionality of
the package/add-on.
In case of
problems with components from these manufacturers, the user may
be forwarded to the respective partner.
For
clarification: The xTasy/xYards-Store is in such a case
exclusively the distribution channel and is to be seen as e.g. the Amazon-Store,
Google-Play, etc. where products are offered, but are the responsibility
of the manufacturer (in terms of function, liability and support).
Due to the ignorance of the function and the source code, xTasy is not
able to analyze these products and pass on information about them.
The
contractual partner for these products is not xTasy but the
partner who has this product distributed through the xTasy/xYards-Store.
For the use
of packages/addons not appearing in this list, xTasy can understandably
assume no responsibility due to the impossibility of quality controls
and the full responsibility for the correctness and functionality of
these third-party components is transferred to the user.
14. USE OF FUNCTION SPECIFIC INFORMATION
You
agree that xTasy or its directly affiliated companies may store information
about your use of the service and use it for the purposes of an internal
function tracking analysis. No personal or trading related data are used,
but only function specific data, which serve the weighting in relation to
the frequency of these functions, in order to be able to provide
derivations for the importance of maintenance efforts and
further developments.
15. TERMS OF USE FOR TEMPORARY PURCHASED
XT-PACKAGE
a)
xTasy (licensor) grants the client (licensee) a non-exclusive, non-transferable
right of use of the software and documentation during the term of
this contract.
b) The
authentication of the right of use is controlled by a licensing component,
which is located in the system environment of xTasy. It must be possible
for the licensee to establish a connection to this server. If xT-Package
is not able to reach the server for a period of 2 weeks, starting
from the first failed attempt, the licenser assumes that a deliberate
blocking of the license check has occurred and deactivates the
software to the functionality of the free version. However, the
licensee has the possibility to remedy this circumstance
or with xTasy and then the software is unlocked again.
c) The
client is entitled to make copies of the provided software exclusively
for backup purposes. xTasy acquires all rights to these copies, unless
they were transferred to the client. The client is entitled to use the software
within the scope of the intended use on his data processing system.
d) An
xT-Package license entitles the client to use the software on one workstation
simultaneously. Simultaneous operation of this software on multiple
workstations is not permitted.
e) xTasy
remains the owner of all rights to the software, even if the client
changes the software or connects it with his own software or that of a third
party.
f) Upon
termination of the contract, the client is obliged to irretrievably
delete or destroy all copies of the software available to him including
the documentation.
16.
WARRANTY DISCLAIMER:
THE SITE
AND ALL ELEMENTS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE,”
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. xTasy EXPRESSLY
DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. xTasy DOES NOT WARRANT
(a) THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, UNINTERRUPTED,
SECURE OR ERROR FREE, (b) THAT THE SITE WILL MEET YOUR
REQUIREMENTS, (c) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE OR (d) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION
ACCESSED ON OR THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE.
17. WARRANTY, LIABILITY, EXCLUSION OF LIABILITY
a)
The user acknowledges that the xTasyTrader platform is a
free trading platform and that any form of liability is excluded. Defects
and resulting liability can therefore – if at all – only be applied to
components subject to a charge.
b) In
the event of defects, the customer shall first have the right to
demand subsequent performance. If the supplementary performance
fails, the customer can reduce the remuneration or, in case of serious
defects, withdraw from the contract. Serious defects are considered to
be an inoperability of the software, e.g. if the software cannot be
started anymore and this defect cannot be remedied by xTasy
within a reasonable period of time. A refund of paid amounts is
excluded outside the right of withdrawal clause §14.
c) For
damages or losses caused by misconduct of xTasyTrader, or by the
use of a free or purchased add-on of the xT-package, (incorrect
order sizes, misrouted trades, incorrectly opened position, not deleted
order, different order/position display between the broker and xT-package
… to name a few), xTasy assumes – no – liability. The customer is obligated
to permanently compare his positions, trades, orders, order executions
with his broker, in order to be able to correct possible misbehaviour
of the software on current positions or open orders. Fully automated
trading via xT++ and the associated risk/order size calculations, entry,
stop and target placements are also at the risk and peril of the user and
are therefore outside the responsibility of the manufacturer and are
hereby explicitly mentioned again. Manual direct
interventions in the various broker platforms outside of the xT-package (e.g.
order entry/manipulation, closing trades, etc) can cause unforeseen behavior
in the xT-package. Especially – but not exclusively – when using the
xT++ semi-automation, the xT-package may cause orders to be
undetectable, or current strategies to lose stop orders or target
orders, and positions to be unsecured in the market. In such
cases, the xT-package is not able to correctly recognize
order entries in the broker platform. The reference platform is – as already
mentioned – exclusively the platform of the respective broker and the customer
must therefore ensure at all times that the order/trade behavior in
the broker platform of the broker to which the transactions are
sent and received is monitored. xTasy has the right to reject
support cases even in case of a paid support-package, if xTasy
detects external order manipulations, and is exempt from any
responsibility in such cases. The user also acknowledges
that, especially by using xT++, current orders or positions are
automatically matched when xT-Package is restarted and inconsistencies
may occur due to transmission failures by the broker, which must
be corrected manually. When using synthetic orders, the
behavior depends on the particular data feed. If the data
provider delivers so called false positives, and thereby trades are opened,
closed or market orders are executed, it is the responsibility of the user,
as the xT package cannot interpret such false positives as such.
d) Furthermore,
the user of the xT-Package acknowledges that possible
malfunctions of the software are to be reported exclusively to
the xTasy support rail and may not be posted in public forums. Massive
violations and sustained malicious behavior may result in a rescission or
suspension of the license.
e) Should
it come to the fact that orders set by the customer are not
carried out on time due to errors in the technical processing, the
customer is obligated to the following behavior: aa.) First of
all, xTasy must be informed immediately upon knowledge or recognition
of the faulty processing. Any instructions from xTasy, which serve
the purpose of damage repair or damage reduction, must be followed by
the client in any case. bb.) If the client is able
to avert or minimize damage through his own actions from the time
of knowledge and/or recognizability, he is obligated to take these
actions on his own initiative. This includes, for example, the renewal of
orders that have been deleted due to technical errors or the placement
of new orders that avert or reduce damage. These obligations on
the part of the customer are damage reduction obligations,
the non-observance of which leads to the cxclusion of liability of
xTasy.
f) Furthermore
the user of the xT-Package and/or the visitor of xTasyTrader.com
acknowledges that damages in any form caused by one of our partners
(broker-, data vendors, sales-, training partners,…) and just to
mention some of them like wrong signals of the add-ons, damages due to lack
of training transfer, damages occurred in the asset management of the
partners, etc. …. , in no case xTasy can be made liable
for it.
g) The
use of cloud services for the placement of the user directory,
such as GoogleDrive, SkyDrive, DropBox, OneDrive etc., can lead to
synchronization problems which are not within the responsibility of the xT
package. Installation problems or error behavior of the
software are very often due to this circumstance and are
therefore beyond any liability.
18.
LIMITATION OF LIABILITY:
IN NO EVENT
SHALL xTasy, ITS OFFICERS AND SUBSIDIARIES, LICENSORS, BOARD OF DIRECTORS,
EMPLOYEES AND AGENTS, OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR
DELIVER
THIS SITE OR THE xT-Package, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR LOST DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICES OR THE SOFTWARE; UNAUTHORIZED
ACCESS OR TAMPERING WITH YOUR DATA; ANY CHANGES THAT xTasy MAKES
TO THE SERVICES OR THE SOFTWARE; OR ANY OTHER DAMAGES RELATED TO
THE SERVICE OR THE SOFTWARE) ARISING OUT OF OR RELATED TO
THE USE OF OR INABILITY TO USE THIS SITE, WHETHER IN AN ACTION
UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF xTasy HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. xTasy’S TOTAL LIABILITY FOR ALL CLAIMS
ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT
EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
19.
DISCLAIMER FOR INFORMATION PROVIDED BY 3RD PARTY MEDIA:
These
are components and information events which were created by independent
providers, who are not in the staff of xTasy. To the extent that such
third party providers or their technologies provide opinions, recommendations
or signals to buy or sell securities, you understand that these opinions,
recommendations and signals are expressed by the third party provider and
are not the opinions or recommendations of xTasy. The third party
information or their technology and/or website and/or add-ons does not
constitute a recommendation by xTasy to invest in securities or to
pursue an investment strategy. The presence of these
aforementioned technologies and our consent to a connection
through our technology, website or trading platform does not
constitute any representation, warranty or other guarantee by us regarding
the present or future value or suitability of a sale, trade or other transaction
involving a particular security or investment. The presence of such
information, tools and services provided by the Third Party Provider
and/or its technologies does not constitute an endorsement of the
Third Party Provider and/or its technologies.
These are
components and information events created by independent providers
who are not part of the xTasy staff. To the extent such third party providers
or their technologies provide opinions, recommendations or signals to buy
or sell securities, you understand that such opinions, recommendations
and signals are expressed by the third party provider and are not
the opinions or recommendations of xTasy. The third party
information or their technology and/or website and/or add-ons
does not constitute a recommendation by xTasy to invest in
securities or to pursue an investment strategy. The presence of these
aforementioned technologies and our consent to a connection through our
technology, website or trading platform does not constitute any
representation, warranty or other guarantee by us regarding
the present or future value or suitability of a sale, trade or
other transaction involving a particular security or investment.
The presence of such information, tools and services provided by
the Third Party Provider and/or its technologies does not constitute
an endorsement of the Third Party Provider and/or its technologies.
20. JURISDICTION AND APPLICABLE LAWS:
This
website is managed by xTasyTrader from its home offices in Chicago, Illinois,
U.S.A. Unless otherwise noted, the topics are presented solely for
the purpose of promoting xTasyTrader and its products within the United
States, its territories, possessions and protectorates.
xTasyTrader makes no representation or warranty that the XT
package or the topics are appropriate or available for use
in territories outside the United States. Access, download or use of this
software and subjects in areas where this software or subjects are
illegal is prohibited. You agree to comply with all laws, rules
and regulations applicable to your downloading or use of
the XT Package and Subjects available on or through this Site,
including but not limited to all export control laws, rules and
regulations of the United States. xTasyTrader does not authorize the transfer,
by any means, of software, subjects or technical data from this site
to any jurisdiction prohibited by the export laws of the United States.
You may not use, export or re-export the XT package or items or
any copy or adaptation thereof in violation of any applicable
laws or regulations, including without limitation the
export laws and regulations of the United States of America. If you
access this Web Site from outside the United States, you do so on your own
initiative and are solely responsible for any liability arising
therefrom. These terms and conditions shall be governed by and
construed in accordance with the laws of the State of Illinois,
without giving effect to its conflict of laws principles.
21. TERMINATION:
You agree
that xTasyTrader, in its sole discretion, may suspend or terminate its
operation of the Site or your use of the Site (or any portions thereof),
and may remove and discard any User Content, XT-Package or Subjects
within the Site, for any reason. In the event you fail to comply
with the Terms, your right to use the Site will automatically
terminate. Upon any termination of the Site, or your use of the
Site, you agree to immediately and completely destroy all copies
of any XT-Package of Subjects downloaded form the Site. You agree that
xTasyTrader shall not be liable to you or any third-party for any
termination of the Site, your access to the Site or any removal of any
User Content from the Site.
(a) rental
licences: A rental license of any of the xT-Package payable components
is valid as long as the user meets his monthly payments on time. If
the Lease License is no longer required by the User, the Lease Licensee
shall ensure that the license subscription is cancelled. If the
subscription is cancelled or no payment is made by the User, the
license will be suspended after the end of the respective
payment period. If the Lease Licensee subsequently decides to
purchase a purchased lifetime license, any rent already paid will
be – not – credited to the purchase price.
b) 4Free
xTasy base licenses: Basically, the customer (contractor) acquires
the right to use a lifetime license also for life. However, xTasy reserves
the right to shut down the license in case of a reputation-damaging behavior
towards the software or xTasy. However, the contracting party has
the right to shut down/deactivate the 4Free lifetime
license, without the right to a refund of license fees/license costs.
This releases the Contractor from all rights and obligations in connection
with the license.
c) xTasy
reserves the right to terminate the user relationship with the client
prematurely and without notice for significant reasons within the sphere
of the client, in this case the client has no claim for reimbursement
for fees already paid.
Extraordinary
reasons for termination are in particular the violation of obligations
in accordance with point V by the client as well as other significant
reasons within the sphere of xTasy or the client.
d) In case
of any event, the xTasyTrader.com-Website is shut down and closed
for ever, also the License and user agreement will be terminated automatically
and the use of the xT-Packages will canceled.
22. MISCELLANEOUS:
These Terms
constitute the entire agreement between you and xTasyTrader and supersede
and replace all prior agreements, whether written or oral, between you
and xTasyTrader with respect to the subject matter herein. The failure
of xTasyTrader to exercise or enforce any right or provision of
these Terms does not constitute a waiver of that right or
provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and all other provisions of the
Terms remain in full force and effect.
If any part
of this Agreement is in conflict with applicable law, the Agreement
as such and the remaining provisions shall remain in full force and effect.
You agree
that regardless of any statute or regulation to the contrary, you
must file a claim or cause of action arising out of or related to the
use of the Site or otherwise arising out of or related to these
Terms within 1 year after such claim or cause of action arises.
The section headings in these Terms are for convenience only and
have no legal or contractual effect.
You further
agree that before a court or a lawyer is instructed to resolve a possible
dispute, you will first contact xTasy for a settlement in the form of mediation
by a mediator independent of both parties. Only if this is rejected
by xTasy, you are entitled to take legal action.